High Court of KeralaSingle JudgeDisposed of with common judgment and directions...

W.P.(C) Nos. 12388, 12399, 12416, 12475 & 12419 of 2020 (Five connected writ petitions in Kerala High Court)

Case / Petition Number:W.P.(C). Nos. 12388, 12399, 12416, 12475 & 12419 of 2020
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas J.
Judgment Date
2020-07-06
Court Decision / Holding
The court disposed of the five writ petitions with a common judgment, directing that Rule 6(2) applications filed before 30.12.2017 be transferred from the District Collector to the Revenue Divisional Officer for consideration. The LLMC must obtain satellite pictures and expert opinions from KSREC, conduct site inspections with prior notice to petitioners, and hear them before taking a decision to exclude the subject lands from the Land Data Bank within three weeks after receiving satellite imagery and KSREC findings. The RDO must then decide under Rule 6(2) of the KLU Order within six weeks, after providing due process. Petitioners may file Sec. 6A reassessment applications to obtain updated BTR entries reclassifying land as garden land/purayidom, without demanding payment under the amended 2008 Act. Copies of judgments and records must be supplied; the KSREC satellite imagery must be produced for the Agricultural Officer (ex-officio LLMC convener). The order closes by noting that the petitions are finally disposed of with these directions.
Final Disposition
Disposed of with common judgment and directions; five WPs disposed of; Rule 6(2) applications transferred to RDO; KSREC satellite imagery and LLMC inspection directions; reassessment under Sec. 6A; no coercive payment under amended 2008 Act; final disposal of petitions.

Parties to the Case

Appellants / Petitioners

  • Pathumma
  • P. N. Ramesan
  • Mohammed Ashraf
  • Haseena Beevi
  • Abraham Joseph
  • Gracy Abraham
  • James Joseph

Respondents

  • State of Kerala represented by the Secretary to Government, Revenue Department, Secretariat, Thiruvananthapuram
  • The District Collector, Civil Station, Kakkanad, Ernakulam
  • The Revenue Divisional Officer, Fort Kochi
  • The Tahsildar, Kanayannur Taluk, Kochi
  • The Local Level Monitoring Committee represented by its Convener, Krishi Bhavan, Kakkanad
  • Additional R6, Kerala State Remote Sensing and Environment Centre (KSREC), Vikasa Bhavan, Thiruvananthapuram represented by its Director

Legal Representation & Advocates

Counsels for Petitioners

  • • SMT. K.P. Santhi
  • • SMT. Tara Prem

Counsels for Respondents

  • • Sri. K.J. Manu Raj
  • • Sri. Saigi Jacob Palatty, Sr. Govt. Pleader

Case Synopsis & Summary

Five related writ petitions challenge land classification and data-bank entries under the Kerala Land Utilisation and Paddy Land Act. The petitions contend that several parcels were converted to non-agricultural uses before the 2008 Act’s cutoff (12 August 2008) and were shown as converted land in the Draft Data Bank prior to 30 December 2017; they filed Rule 6(2) applications under the Kerala Land Utilisation Order before the cutoff. They seek relief including mandamus to conclude proceedings on their Rule 6(2) applications on merits, removal of properties from the Land Data Bank, and protection from higher land tax under amended provisions (Section 27A) of Act 28 of 2008. The respondents contend amendments to the 2008 Act apply, with decisions lying with the District Collector and LLMC. The High Court, noting common issues across all five petitions, directs that Rule 6(2) applications be transferred to the Revenue Divisional Officer for consideration, and that satellite imagery and expert opinions from KSREC be obtained expeditiously. The LLMC must inspect, afford hearing, and decide within weeks whether to exclude properties from the Land Data Bank. Post-order steps include re-assessment under Section 6A of the Kerala Land Tax Act, without forcing payment under the amended 2008 Act, and disposal of the petitions with a common judgment and directions.

Provisions of Law Cited

Kerala Land Utilisation Order (KLU), 1967 – Rule 6(2)Kerala Conservation of Paddy Land and Wetland Act, 2008 – Section 27AKerala Land Tax Act – Section 6ARules under the 2008 Act – Rule 12(17)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that the subjects were converted from garden land/purayidam long before the 12.08.2008 date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008, and were shown as converted land in the Draft Data Bank before 30.12.2017. They had filed Rule 6(2) KLU applications before the cut-off date, and relied on prior judgments (Exts. P2/P3) directing the District Collector to ascertain ground realities via the LLMC and to consider the Rule 6(2) applications under the KLU Order. They argue that Section 27A and other amended provisions cannot be pressed against them; once Rule 6(2) applications are filed timely, the matter must be determined under Rule 6(2) and re-assessment under Sec. 6A should follow, not automatic payment of higher taxes. They seek satellite imagery and expert opinion from KSREC and exclusion from the Land Data Bank, with hearing and timely final orders.

Contentions of Respondents

The respondents contended that the 2008 Act amendments (including Sec. 27A) apply and must be enforced. They argued that the District Collector and LLMC must decide after due process, including obtaining satellite imagery and KSREC expert opinions, with timelines. They emphasized the need to apply amended provisions to properties beyond the cut-off if applicable and that decisions must be made by the appropriate authorities; the petitions should be considered within the established administrative framework, including Rule 6(2) and eventual re-assessment under Sec. 6A, while ensuring proper compliance with the amended tax regime.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Geo Peter v. Revenue Divisional Officer2019(3) KLT 838PositiveCited as a settled principle that if Rule 6(2) KLU applications are filed before the cut-off date and pre-2008 conversions exist, the 2008 amendments (including Sec. 27A) cannot be pressed; the matter must be considered under Rule 6(2).
Renji K.Paul v. Revenue Divisional Officer2019 (2) KLT 262PositiveCited for the same principle regarding pre-cut-off conversions and Rule 6(2) process.
Kizhakkambalam Grama Panchayath v. Mariumma2015 (2) KLT 516 (DB)PositiveDivision Bench ruling that where Rule 6(2) is filed before the cut-off date, and orders exist, the property may be considered under Rule 6(2) and BTR entries may be superseded; supports relief coordinated with Rule 6(2).
Renjith2020 (1) KHC 865 (DB)PositiveDivision Bench decision cited to support the approach that once Rule 6(2) orders grant conversion permission, earlier BTR entries may become superfluous, necessitating reassessment under Sec. 6A.
Thahasildar, Thodupuzha Taluk v. Renjith2020 (1) KHC 865 (DB)PositiveSecondary reference reinforcing the Rule 6(2) framework and its impact on BTR entries and subsequent reassessment.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W.P.(C) Nos. 12388, 12399, 12416, 12475 & 12419 of 2020 (Five connected writ petitions in Kerala High Court) and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942** ## **WP(C).No.12388 OF 2020(W)** ## **PETITIONER:** ## **PATHUMMA** **KAROTHUKUDI HOUSE, KANDAMTHARA, VENGOLA, ALLAPRA P.O. - 683 553.** **BY ADVS.** **SMT.K.P.SANTHI SMT.TARA PREM** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.** - **3 THE REVENUE DIVISIONAL OFFICER MOOVATTUPUZHA.** |**4**|**THE TAHSILDAR**| |---|---| ||**KUNNATHUNAD TALUK.**| |**5**|**THE LOCAL LEVEL MONITORING COMMITTEE**| ||**REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,**| ||**PERUMBAVOOR - 683 542.**| |**6**|**ADDL R6, KERALA STATE REMOTE SENSING AND ENVIRONMENT**| ||**CENTRE(KSREC)**| ||**VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,-695 033,**| ||**REPRESENTED BY ITS DIRECTOR.**| ||**AS PER ORDER DATED 06-07-2020 IN IA 1/2020.**| W.P.(C)No.12388, 12399, 2 12416, 12475& 12419 of 2020 **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.07.2020, ALONG WITH WP(C).12399/2020(Y), WP(C).12416/2020(B), WP(C).12419/2020(B), WP(C).12475/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.12388, 12399, 3 12416, 12475& 12419 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942** **WP(C).No.12399 OF 2020(Y)** ## **PETITIONERS:** |**1**|**P.N.RAMESAN**| |---|---| ||**PUTHENPURAKKAL HOUSE, VATTAL, IRINGOLE P. O.,**| ||**PERUMBAVOOR.**| |**2**|**MOHAMMED ASHRAF**| ||**KAROTHUKUDY VEEDU, ALLAPPRA, VENGOLA,**| ||**PERUMBAVOOR.**| |**3**|**HASEENA BEEVI**| ||**REFAATHU MANZIL, KANDAMTHARA, ALLAPPRA,**| ||**KUNNATHUNAD.**| ||**BY ADV. SMT.K.P.SANTHI**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**REVENUE DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DISTRICT COLLECTOR**| ||**CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.**| |**3**|**THE REVENUE DIVISIONAL OFFICER**| ||**FORTKOCHI, ERNAKULAM - 682 001.**| |**4**|**THE TAHSILDAR**| ||**KANAYANNUR TALUK, PARK AVENUE ROAD, ERNAKULAM,**| ||**KOCHI - 682 011.**| |**5**|**THE LOCAL LEVEL MONITORING COMMITTEE**| ||**REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,**| ||**KAKKANAD - 682 030.**| |**6**|**ADDL R6, KERALA STATE REMOTE SENSING AND**| W.P.(C)No.12388, 12399, 4 12416, 12475& 12419 of 2020 **ENVIRONMENT CENTRE(KSREC) VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,-695 033, REPRESENTED BY ITS DIRECTOR. AS PER ORDER DATED 06-07-2020 IN IA 1/2020.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.07.2020, ALONG WITH WP(C).12388/2020(W), WP(C).12416/2020(B), WP(C).12419/2020(B), WP(C).12475/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.12388, 12399, 5 12416, 12475& 12419 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942** ## **WP(C).No.12416 OF 2020(B)** ## **PETITIONER:** **ABRAHAM JOSEPH SON OF JOSEPH,PERINGATTU HOUSE, PEROOR VILLAGE,KOTTAYAM.** **BY ADVS. SMT.K.P.SANTHI SMT.TARA PREM** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001.** - **2 THE DISTRICT COLLECTOR, CIVIL STATION,KAKKANAD,ERNAKULAM-682030.** - **3 REVENUE DIVISIONAL OFFICER, FORTKOCHI-682001.** - **4 THE TAHSILDAR, KANAUANNUR TALUK OFFICE, PARK AVENUE ROAD,KOCHI-682011.** - **5 THE VILLAGE OFFICER, MANAKUNNAM,UDAYAMPEROOR, THRIPUNITHURA,ERNAKULAM, PIN-682301.** - **6 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,UDAYAMPEROOR-682301.** - **7 ADDL R7, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE(KSREC)** W.P.(C)No.12388, 12399, 6 12416, 12475& 12419 of 2020 **VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,-695 033, REPRESENTED BY ITS DIRECTOR. AS PER ORDER DATED 06-07-2020 IN IA 1/2020.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.07.2020, ALONG WITH WP(C).12388/2020(W), WP(C).12399/2020(Y), WP(C).12419/2020(B), WP(C).12475/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.12388, 12399, 7 12416, 12475& 12419 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942** **WP(C).No.12419 OF 2020(B)** ## **PETITIONER:** **GRACY ABRAHAM PERINGATTU HOUSE, PEROOR VILLAGE ,KOTTAYAM** **BY ADVS. SMT.K.P.SANTHI SMT.TARA PREM** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-6795 001** - **2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM-682 030** - **3 REVENUE DIVISIONAL OFFICER FORTKOCHI-682 001** - **4 THE TAHSILDAR KANAYANNUR TALUK OFFICE,PARK AVENUE ROAD, KOCHI682 011** - **5 THE VILLAGE OFFICER MANAKUNNAM , UDAYAMPEROOR, TRIPUNITHURA, ERNAKULAM,PIN-682 301** - **6 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, KRISHI BHAVAN, MANAKUNNAM-682 301** - **7 ADDL R7, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE(KSREC) VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS DIRECTOR** W.P.(C)No.12388, 12399, 8 12416, 12475& 12419 of 2020 **AS PER ORDER DATED 06-07-2020 IN IA 1/2020** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.07.2020, ALONG WITH WP(C).12388/2020(W), WP(C).12399/2020(Y), WP(C).12416/2020(B), WP(C).12475/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.12388, 12399, 9 12416, 12475& 12419 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942** ## **WP(C).No.12475 OF 2020(H)** ## **PETITIONER:** **JAMES JOSEPH, PERINGOT, UDAYAMPERUR P.O. ERNAKULAM.** **BY ADVS. SMT.K.P.SANTHI SMT.TARA PREM** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**REVENUE DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM.**| |**2**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM 686 001.**| |**3**|**THE REVENUE DIVISIONAL OFFICER,**| ||**PALAI, KOTTAYAM 686 574.**| |**4**|**THE TAHSILDAR,**| ||**VAIKOM TALUK 686 141.**| |**5**|**THE LOCAL LEVEL MONITORING COMMITTEE,**| ||**REPRESENTED BY ITS CONVENOR, KRISHI BHAVAN,**| ||**MARIYOOR, KULASEKHARAMANGALAM, KOTTAYAM 686 608.**| |**6**|**ADDL R6, KERALA STATE REMOTE SENSING AND**| ||**ENVIRONMENT CENTRE(KSREC)**| ||**VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033**| ||**REPRESENTED BY ITS DIRECTOR**| ||**AS PER ORDER DATED 06-07-2020 IN IA 1/2020**| W.P.(C)No.12388, 12399, 10 12416, 12475& 12419 of 2020 ## **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2020, ALONG WITH WP(C).12388/2020(W), WP(C).12399/2020(Y), WP(C).12416/2020(B), WP(C).12419/2020(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.12388, 12399, 11 12416, 12475& 12419 of 2020 ## **ALEXANDER THOMAS, J.** **=======================** W.P.(C) Nos. 12388, 12399, 12416, 12475 & 12419 of 2020 **=======================** Dated this the 06[th] day of July, 2020 ## **JUDGMENT** As common issues arise in all these five cases, these Writ Petitions(Civil) are disposed of on the basis of this common judgment. The facts in each of these five cases are also got similar. The prayers in W.P.(C).No.12388/2020 reads as follows: _“(i) issue a writ of mandamus or such other writ, direction or order compelling the 2[nd] respondent to conclude the proceedings in Exhibits P1 and P4 on merits, affording opportunity of hearing to the petitioner as directed in Exhibit P2; (ii) direct the 4[th] respondent to consider and pass orders on Exhibit P4 within a time frame to be fixed by this Honourable Court;_ _(iii) declare that the status of the land measuring 15.51 ares and 0.44 ares in R.S.No.19/3 and 21/2, Block No.59 of Perumbavoor Village, Kunnathunad Taluk, Ernakulam District is entitled to be changed in the BTR without making payment as mandated in Section 27A of Act 28 of 2008;_ _(iv) issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.”_ 2. Heard Smt.K.P. Santhi, the learned counsel appearing for the petitioners and Sri. K.J.Manu Raj, the learned Government Pleader appearing for the respondents. W.P.(C)No.12388, 12399, 12 12416, 12475& 12419 of 2020 3. In all these five matters, the specific case of the petitioners is that the subject properties though continued to be described as garden land/purayidam in the Basic Tax Register(BTR), the same have been converted as garden land/purayidam long prior to 12.08.2008 (date of coming in to force of the Kerala Conservation of Paddy land and Wet land Act, 2008). Further that, all the properties covered in these five cases have been shown in the Draft Data Bank as converted land prior to the 2008 Act. Further it is the uniform feature in all these cases that, each of these petitioners have also submitted the requisite application under Rule 6(2) of the Kerala Land Utilisation (KLU Order), 1967 much before the cut of date of 30.12.2017 (date of coming in to force of the amended provisions of the above said 2008 Act, which has been introduced Section 27A thereof). For instance, Ext.P1 application dated 19.07.2017 in W.P.(C).No. 12388/2020, Ext.P1 dated 19.07.2017 in W.P.(C).No. 12399/2020, Ext.P4 dated 29.09.2014 in W.P.(C).No. 12416/2020, Ext.P1 dated 10.01.2014 in W.P.(C).No. 12419/2020 & Ext.P1 dated 03.03.2015 in W.P.(C).No. 12475/2020 are those requisite statutory applications filed by the petitioners concerned before the respondent District Collector, Ernakulam seeking for permission for conversion of the subject properties for any non-agricultural purposes. In the previous round of litigation, this Court has passed judgment, which has been produced as Ext.P2/P3, as the case may be. In W.P. W.P.(C)No.12388, 12399, 13 12416, 12475& 12419 of 2020 (C).No.12416/2020, the petitioner has filed the said Ext.P4 application dated 29.09.2014 after rendering of the judgment dated 08.08.2014 produced as Ext.P3 therein. In all those judgments, this Court has directed the respondent District Collector to ascertain from the respondent Local Level Monitoring Committee as to the ground realities regarding these subject properties as to whether the subject properties have been converted prior to the 2008 Act etc., and based on the expert opinion in the matter, the respondent District Collector should consider and pass orders on the request in these cases under Rule 6(2) of the KLU Order within the time limit mentioned in the above said judgments. Therefore the above said documents, more particularly the appendix of the above said judgments rendered by this Court in the previous round of Writ proceedings would clearly show that the petitioners in these cases have duly filed Rule 6(2) KLU applications before the cut of date of 30.12.2017. In other words the request of these petitioners will have to be considered strictly in terms of the provisions contained in Rule 6(2) of the KLU Order and therefore, in that process they cannot be compelled to pay any amounts as conceived as per the amended provisions of the 2008 Act including Sec.27A thereof and the amended Rules framed thereunder, including Rule 12(17) thereof. _4. It is by now well settled by rulings of this Court as in_ _**Geo Peter v. Revenue Divisional Officer** [2019(3) KLT 838],_ _**Renji K.Paul**_ W.P.(C)No.12388, 12399, 14 12416, 12475& 12419 of 2020 _**v. Revenue Divisional Officer** [2019 (2) KLT 262] etc, where the subject property has been converted by 2008 Act and where the requisite application under Section 6 (2) of the K.L.U Order has been filed by the property holder before 30.12.2017( date of coming into force of the amended provisions of 2008 Act including the introduction of Sec.27A thereof). None of the adverse provisions or reverse provisions contained in the amended provisions of the 2008 Act including Section 27A thereof could be pressed in to service against such a property holder and such case should be considered only in terms of the provisions contained in Rule 6(2) of the K.L.U order. Further it has also been held by the judgments of the Division Bench of this Court in cases as in_ _**LLMC, Kizhakkambalam Grama Panchayath v. Mariumma** [2015 (2) KLT 516 (DB)]_ _**Thahasildar, Thodupuzha Taluk**_ _**v. Renjith** [2020 (1) KHC 865 (DB) etc. that in such cases, where Rule 6(2) application of the K.L.U order has been filed before the cut off date and where such orders have been obtained , then the property holder is entitled to maintain an application under Section 6(A) of the Kerala Land Tax Act for re-assessment of the subject property to make additional entries in the B.T.R to show the said property as garden land/purayidom before the earlier B.T.R entries as Nilam/paddy land. It has been held by the Division Bench in these judgments more particularly in_ _**Mariumma's** case(supra) that once an order is passed under Rule 6(2) of the K.L.U order, granting permission for conversion, then the earlier B.T.R entries becomes superfluous and otiose and the respondent Revenue Officer concerned is_ W.P.(C)No.12388, 12399, 15 12416, 12475& 12419 of 2020 _under the obligation to subject the property for re-assessment in order to make additional entries in the B.T.R to show the property as purayidom or garden land, so that higher land tax could be collected._ 5. It appears that in all these cases except in W.P.(C).No. 12475/2020, not even the respondent Local Level Monitoring Committee has taken their decision in the matter regarding the property and consequently the respondent District Collector has not taken any decision in the above said applications filed under Rule 6(2) of the KLU Order. However, it is stated by the Government Pleader on instructions that in W.P.(C).No. 12475/2020, the respondent Local Level Monitoring Committee, has also taken their decision which appears to be in favour of the petitioner therein. 6. Further it appears that both the respondent District Collector and the respondent Revenue Divisional Officer are concurrently empowered to exercise powers under Rule 6(2) of the KLU Order. Since the respondent District Collector is quite busy with lot of other responsibilities in his capacity as the head of the revenue jurisdiction of the District and more particularly in the light of the heavy duties and responsibilities that he has to bear on account of the COVID19 pandemic issues, it is only in the interest of justice, more so particularly, to obviate any further delay that directions are given by this Court to ensure that though those applications under Rule 6(2) of W.P.(C)No.12388, 12399, 16 12416, 12475& 12419 of 2020 the KLU Order are considered by the respondent Revenue Divisional Officer. More over, the respondent LLMC will have to ensure that satellite pictures are obtained from the respondent KSREC in regard to the four Writ Petitions concerned so that their decisions in the matter is rendered without any further delay. Accordingly, the following directions/orders are passed: (i) The above said applications filed under Rule 6(2) of the KLU Order in each of these cases earlier filed before the District Collector will stand transferred and forwarded to the respondent RDO for further consideration and decision. In that regard it is ordered that the officials of the respondent District Collector will immediately ensure that the files and records in relation to the above said applications filed under Rule 6(2) of the KLU Order in these five cases are immediately forwarded to the respondent RDO. (ii) To obviate any further delay, it is also ordered that the petitioners will also produce certified copies of the judgments along with the copies of the memorandum of the W.P.(C)s with all the exhibits including copies of the above said applications filed under Rule 6(2) of the KLU Order attested by their advocates and the same may be submitted before the respondent RDO. In case the respondent RDO does not receive the records and papers from the respondent District Collector, then he need not wait any further and the copies of the above W.P.(C)No.12388, 12399, 17 12416, 12475& 12419 of 2020 said applications filed as abovedirected by the petitioners before the respondent RDO should be treated as applications so far filed by those petitioners before the cut of date of 30.12.2017. 7. In W.P.(C) Nos. 12388, 12399, 12416 & 12419 of 2020, it is ordered that the respondent LLMC should ensure that the petitioners concerned are permitted to pay the requisite fee for obtaining satellite pictures from the respondent KSREC along with their expert opinion. It is pointed out that in W.P.(C)Nos. 12388 & 12399 of 2020, it is stated that those petitioners have already paid the requisite fees for obtaining satellite pictures of the KSREC. Those were all the look out of the respondent LLMC and it shall be ensured that the requisitions are send to the respondent KSREC for immediately obtaining the satellite pictures as well as expert opinion regarding each of these four W.P.(C)s as aforesaid. 8. On getting the requisition, the respondent KSREC will ensure that the satellite pictures as well as their expert opinion in respect of these Writ Petitions (Civil) are obtained and furnished to the Agricultural Officer concerned, who is the ex-officio convener of the respondent LLMC, without any further delay at any rate within two months. Copies of such satellite pictures as well as their expert opinion in those cases should be immediately given by the convener of the LLMC W.P.(C)No.12388, 12399, 18 12416, 12475& 12419 of 2020 to the petitioners in those four W.P.(C)s. 9. The respondent LLMC should not wait till the submission of the satellite pictures and the expert opinion of the KSREC and should immediately proceed to conduct inspection in respect of the subject properties covered in W.P.(C)Nos.12388, 12399, 12416, & 12419 of 2020, and such inspection should be duly completed with prior notice to the petitioners and copies of the inspection reports should also be given to the petitioners in advance and thereafter, the respondent LLMC will afford reasonable opportunity of being heard to the petitioners in those four W.P.(C)s and then should take a considered decision on the request of the petitioners for exclusion of the subject properties from the Land Data Bank, after duly considering the inspection report as well as the satellite pictures and expert opinion of the respondent KSREC as aforesaid. Decisions in this regard should be duly rendered by the respondent LLMC with in a period of three weeks from the date of receipt of the satellite pictures and expert opinion from the respondent KSREC. Copies of the proceedings of the LLMC in that regard should also be duly furnished to the petitioner as well as to the respondent RDO immediately thereafter. 10. Thereafter, the respondent RDO will take up for consideration the request made by the Writ petitioners under Rule 6(2) W.P.(C)No.12388, 12399, 19 12416, 12475& 12419 of 2020 of the KLU Order for permission there under in respect of each of these cases and after affording reasonable opportunity of being heard to the petitioner and after having due regard to the findings of the LLMC as well as the satellite pictures and expert opinion of the KSREC, should take decision on the said request made by the petitioners in these five cases, under Rule 6(2) of the KLU Order, without much delay, preferably within a period of six weeks from the date of receipt of a copy of the proceedings of the respondent LLMC as aforedirected. In that regard it shall be ensured that none of the petitioners shall be compelled in any manner to pay any amounts as conceived as per the amended provisions of the 2008 Act and the amended Rules framed thereunder including Sec.27A thereof, inasmuch as there is no dispute that the petitioners in these five cases have duly filed the applications under Rule 6(2) of the KLU Order before the cut of date of 30.12.2017. 11. After petitioners obtain orders and permission under Rule 6(2) of the KLU Orders, they will be at liberty to file applications under Sec.6A of the Kerala Land Tax Act before the respondent Tahsildar concerned for re-assessment of the subject property so as to secure additional entries in the BTR to show the changed nature of the land as garden land/purayidom instead of the earlier BTR entries as nilam/paddy land. On receipt of such applications along with copies of the proceedings so issued by the respondent RDO granting permission W.P.(C)No.12388, 12399, 20 12416, 12475& 12419 of 2020 under Rule 6(2) of the KLU Order along with a copy of the judgment, the respondent Tahsildar would afford reasonable opportunity of being heard to the petitioners and then will pass orders of re-assessment of subject properties so as to secure additional entries in the BTR to show the changed nature of the land as aforesaid, within one month from the date of filing of such applications along with copy of the orders of the respondent RDO granting permission under Rule 6(2) of the KLU Order and without making the petitioners pay any amounts as conceived as per the amended provisions of the 2008 Act and the amended Rules frame thereunder including Rule 12(17) thereof. The petitioners will produce certified copies of the judgment along with copies of the memorandum in W.P.(C)s before the respondent RDO, the respondent District Collector and the respondent LLMC for consideration and for further action. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. **Sd/ALEXANDER THOMAS JUDGE** DM W.P.(C)No.12388, 12399, 21 12416, 12475& 12419 of 2020 ## **APPENDIX OF WP(C) 12388/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 19.07.2017 SUBMITTED TO 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 23.08.2017 IN W.P.(C) NO.27814 OF 2017 OF THIS HONOURABLE COURT. EXHIBIT P3 TRUE COPY OF THE DEMAND DRAFT DATED 09.10.2017 SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 01.06.2020 SUBMITTED TO THE 4TH RESPONDENT. RESPONDENTS EXHIBITS :NIL** W.P.(C)No.12388, 12399, 22 12416, 12475& 12419 of 2020 ## **APPENDIX OF WP(C) 12399/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 19.7.2017 SUBMITTED TO 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK.** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 14.7.2017 SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 23.8.2017 IN W.P.(C) NO.27822 OF 2017 OF THIS HONOURABLE COURT.** **EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT DATED 9.10.2017 SUBMITTED TO THE 5TH RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 01.03.2020 SUBMITTED TO THE 4TH RESPONDENT.** ## **RESPONDENTS EXHIBITS :NIL** W.P.(C)No.12388, 12399, 23 12416, 12475& 12419 of 2020 ## **APPENDIX OF WP(C) 12416/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE APPLICATION DATED 10.1.2013 SUBMITTED TO RESPONDENT 2 TO 4** **EXHIBIT P2** **TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK.** **EXHIBIT P3** **TRUE COPY OF THE JUDGMENT DATED 8.8.2014 IN W.P(C)NO.5527 OF 2014 OF THIS HONOURABLE COURT.** **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.9.2014 SUBMITTED TO THE 5TH RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20.2.2020 SUBMITTED TO THE 4TH RESPONDENT.** **RESPONDENTS EXHIBITS :NIL** W.P.(C)No.12388, 12399, 24 12416, 12475& 12419 of 2020 ## **APPENDIX OF WP(C) 12419/2020** **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE APPLICATION DATED**| |---|---| ||**10.01.2014 SUBMITTED TO RESPONDENTS 2 TO**| ||**4**| |**EXHIBIT P2**|**TRUE COPY OF THE RELEVANT PAGE OF THE**| ||**DRAFT DATA BANK**| |**EXHIBIT P3**|**TRUE COPY OF THE JUDGMENT DATED**| ||**17.10.2017 IN WPC NO.7565 OF 2014 OF THIS**| ||**HONOURABLE COURT**| |**EXHIBIT P4**|**TRUE COPY OF THE LETTER DATED 14.11.2017**| ||**SUBMITTED TO THE 6TH RESPONDENT**| |**EXHIBIT P5**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**25.2.2020 SUBMITTED TO THE 3RD RESPONDENT**| **RESPONDENTS EXHIBITS :NIL** W.P.(C)No.12388, 12399, 25 12416, 12475& 12419 of 2020 ## **APPENDIX OF WP(C) 12475/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 03.03.2015 SUBMITTED TO 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE DRAFT DATA BANK. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 27.6.2017 IN WPC NO. 7326 OF 2015 OF THIS HONOURABLE COURT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 21.8.2017 SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20.2.2020 SUBMITTED TO THE 4TH RESPONDENT.** ## **RESPONDENTS EXHIBITS :NIL** **//TRUE COPY//** **PA TO JUDGE**